Sanction for prosecution in a corruption case is required to be taken from the competent authority under the provisions of Section 19 of the Prevention of Corruption Act, 1988.
No time limit has been fixed under the above Act for grant of sanction by the competent authority. However, there are directions from the Supreme Court to grant sanction in a time-bound manner.
In the case of Vineet Narain v. Union of India, (1998) 1 SCC 226, the Supreme Court issued the following guidelines for time limit for grant of sanction in corruption cases:
“Time-limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (AG) or any other law officer in the AG’s office.”
Likewise, in the case of Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64 : AIR 2012 SC 1185 : 2012 Cri LJ 1519 : (2012) 1 SCC (Cri) 1041, the Supreme Court held that:
“Time-limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (AG) or any other law officer in the AG’s office. In future every competent authority shall take appropriate action on the representation made by a citizen for sanction of the prosecution of a public servant strictly in accordance with the direction contained in Vineet Narain case.”
Thus, there is a time limit of 3 months for grant of sanction for prosecution in corruption cases, as laid down by the Supreme Court. This time limit is extended up to 4 months, when consultation is required with the Attorney General (AG) or any other law officer in the AG’s office.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
